NEERAJ KUMAR PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution of India, the petitioner who is serving as a Commandant in the Central Reserve Police Force ('CRPF') has approached this Court being aggrieved by the decision taken by the Departmental Promotion Committee (DPC) in April, 2023 to adopt the sealed cover procedure in respect of the recommendations made qua the petitioner for his promotion to the post of Deputy Inspector General ('DIG'). Consequently, the petitioner seeks a direction for opening of the sealed cover containing the recommendations made after considering his case for promotion to the post of DIG, and if found fit for promotion, to promote him with all consequential benefits.

(2.) Before dealing with the rival submissions of the parties, we may note the brief factual matrix as emerging from the record.

(3.) The petitioner having joined the CRPF as an Assistant Commandant on 1/12/1994, was promoted to the post of Deputy Commandant on 28/4/2001. This was followed by his promotion to the post of Second-in-Commandant on 25/5/2007, whereafter he was promoted as a Commandant on 27/7/2010, which post he is presently holding. In 2023, upon accrual of 18 anticipated vacancies for the post of DIG, the respondents, vide their signal dtd. 14/2/2023, called up for drawal of a panel for promotion of Commandants to the rank of DIG, wherein the petitioner, who was placed at serial no. 13 in the gradation list of Commandants issued on 1/1/2023, found his name in this panel for promotion. However, before he could be considered by the DPC for promotion, an FIR under the Prevention of Corruption Act, 1988 was lodged against the petitioner on 16/3/2023, pursuant thereto a search and raid was conducted at the house of the petitioner, but no arrest was made. As a result of this FIR registered against him, the DPC which was convened on 17/4/2023 to consider the names of eligible officers for promotion to the rank of DIG, placed the petitioner's name in a sealed cover.